United States DC Circuit

In a petition for review of the EPA's revision of the National Ambient Air Quality Standard (NAAQS) for ozone, the petition is granted in part, where one of the new regulations was inconsistent with the Clean Air Act in allowing participation in a regional cap-and-trade program to satisfy an area-specific statutory mandate; but reversed in part, where the EPA's remaining rules were supported by substantial evidence.

Appellate Information

• Argued 11/20/2008
• Decided 07/10/2009
• Published 07/10/2009

Judges

• Before:  GINSBURG, HENDERSON and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David S. Baron argued the cause and filed the briefs for petitioner, Natural Resources Defense Council., Anne Milgram, Attorney General, Attorney General's Office of the State of New Jersey, and Maurice A. Griffin, Deputy Attorney General, were on the briefs for petitioner, State of New Jersey., Kevin P. Auerbacher, Assistant Attorney General, entered an appearance., Frank S. Craig III, John B. King, Steven J. Levine, and Patrick O'Hara were on the briefs for petitioners, The Chamber of Greater Baton Rouge, et al.  Geraldine E. Edens entered an appearance., Andrew Cuomo, Attorney General, Attorney General's Office of the State of New York, Morgan A. Costello and Michael J. Myers, Assistant Attorneys General, Richard Blumenthal, Attorney General, Attorney General's Office of the State of Connecticut, and Kimberly P. Massicotte, Assistant Attorney General, were on the briefs for intervenors the States of New York and Connecticut in support of petitioner., Charles H. Knauss and Sandra P. Franco were on the briefs for intervenor National Petrochemical & Refiners Association in support of petitioner Natural Resources Defense Council.


• For Appellees:
  
• Brian H. Lynk, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Diane E. McConkey, Counsel, U.S. Environmental Protection Agency., Norman W. Fichthorn and Lucinda M. Langworthy were on the brief for intervenor, Utility Air Regulatory Group in support of respondents.  Allison D. Wood entered an appearance., Charles H. Knauss was on the brief for intervenors National Petrochemical & Refiners Association and American Petroleum Institute in support of respondents.  Martha E. Cox and Stacy R. Linden entered appearances.